Guardianship

What Is Guardianship?

When a court orders an individual to take custody of a child and/or manage the child's property, that person is known as the legal guardian of the child. Cases involving guardianship are addressed by the individual who desires to be appointed as a child's guardian. Guardianship cases can also be brought about by a family member asking the court to appoint a guardian for the child. Probate guardianships are often established when a child is living with a parent who is not his or her parent.

Guardianships and adoptions are two distinct court actions and the differences should be understood before proceeding. For instance, a guardianship does not legally end the parent's rights over the child. Speak with one of our Huntington Beach family lawyers at The Law Office of Patricia A. Hendrickson for detailed information on both legal actions.

Types Of Guardianships

Guardianships of a child are divided into two categories: the guardianship of the person and the guardianship of the estate. In a guardianship of the person, the guardian has the same responsibility to provide care for the child as the parent does. Guardians possess full legal and physical custody, which carry the responsibility to provide for the child's health, safety and welfare.

In cases in which the legal parents are not able to perform their parental duties, a guardian can be named to provide for the child's needs. Guardianship of the estate is established to manage a child's assets until he or she reaches adulthood. This circumstance is necessary when the child inherits money or assets. In some cases, both a guardianship of the person and guardianship of the estate are necessary. The court can assign the same individual or two different people to take on those tasks.

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